West Haverstraw, NY Estate Planning Law Firms & Lawyers

Yes creditors can collect after death. A will needs to be probated if there are sufficient assets to submit the estate to probate. In California that is $150,000 or more in gross assets. Another benefit to submitting an estate to probate is that it limits creditor's to 4 months in order to make a claim against the estate as long as they are given proper notice. I recommend probate be done through a lawyer.

Executors have the responsibility of protecting and properly distributing the estate of the deceased. As a beneficiary, you have the right to see the testamentary documents that include you. Demand a copy of the will, trust, and any other gifting documents. If the Executor refuses, tell them you can sue and get them without much difficulty. Executors also have the responsibility to prepare an accounting of the estate, so if he has been making equal distributions, he should be able to show what the entire estate included. Finally, if you doubt the Executor's statements and actions, you may have to sue to find out the truth. Unfortunately, this can be very stressful and expensive, so you may not want to start any action until you are sure there is a problem. Locking the house is not automatically a breach of an Executor's duties. Timing is important. It is best to demand that all beneficiaries be allowed to review the contents of the home prior to the executor's "Sweep" of the house removing valuables. It sounds like you are too late to do that. You can still demand that he escort you around the home to see what is still there. Sometimes simply retaining an attorney who will write a letter to the executor demanding an accounting and threatening suit if he fails to disclose the contents of the estate will be enough to keep things in order. Please note: Prescription medications should be destroyed, not passed on to heirs for non prescription use. This is both the law and common sense. There is no known right to inheritance of prescription medications.

You are advised to seek probate counsel to assist you in the probate of the estate. Yes creditors can collect after death. Yes a will needs to be probated if there are assets in the estate; lastly, the will must be filed with the court within 30 days after death, in the county of the deceased principal residence.